Does a defendant who does not use force or fear in the initial taking of the property, but carries it away in the victim's presence, be found guilty of robbery?

California, United States of America


The following excerpt is from People v. Singleton, A137105 (Cal. App. 2014):

"A defendant who does not use force or fear in the initial taking of the property may nonetheless be guilty of robbery if he uses force or fear to retain it or carry it away in the victim's presence. [Citations.]' [Citation.] That is, '[a] robbery is not completed at the moment the robber obtains possession of the stolen property. The crime of robbery includes the element of asportation, the robber's escape with the loot being considered as important in the commission of the crime as gaining possession of the property. . . . [A] robbery occurs when defendant uses force or fear in resisting attempts to regain the property or in attempting to remove the property from the owner's immediate presence regardless of the means by which defendant originally acquired the property.' [Citation.]" (People v. McKinnon (2011) 52 Cal.4th 610, 686-687.)

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